MOSHAN v. PBM, LLC

1248, 653522/13.

141 A.D.3d 496 (2016)

LARRY B. MOSHAN, Respondent, v. PBM, LLC, Doing Business as PERFECT BUILDING MAINTENANCE, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 28, 2016.


Plaintiff seeks damages from defendants, his former employer and its owner, chairman, and CEO, for failure to pay him commissions, allegedly in breach of a commission agreement that was reduced to writing but not signed.

Plaintiff has sufficiently alleged that the commission agreement is a valid and binding contract, and not an unenforceable "agreement to agree" (see Joseph Martin, Jr., Delicatessen v Schumacher, 52 N.Y.2d 105

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